CATTLE, SHEEP, HOG, DEER. 183 



On the other hand, it has been held that where a statute uses 

 the word "hog," an indictment for stealing a "pig" was 

 wrong.^^' A shoat may be shown under an indictment for 

 stealing a "hog." "For animals of this description swine is 

 the original generic term. But the legislature of this State, 

 in legislating on the subject of mismarking, use the term hog 

 as the generic term and consider all animals of that kind as 

 hogs irrespective of their ages." ^** 



The word "deer" in a statute includes all kinds of deer of 

 all ages and both sexes — consequently a fawn is a "deer." ^^^ 



58. Living and Dead Animals; Evidence An indictment for 



the larceny of a live animal need not state it to be alive, as that 

 will be presumed. It is otherwise of a dead animal, and evi- 

 dence that the animal was dead when stolen cannot be given 

 unless that fact is especially alleged in the indictment, even 

 where the animal has the same appellation whether dead or 

 ahve.^*® Therefore, under an indictment for stealing "one 

 peahen" and "one turkey," it cannot be shown that they were 

 taken alive in another State and brought dead into the State 

 where the charge was brought.^^^ But where A. was in- 

 dicted for receiving a lamb, and it was dead at the time he re- 

 ceived it, the indictment was held sufficient under the circum- 

 stances, it being immaterial as to his ofifense whether it was 

 then alive or dead, the ofifense and punishment being the same 

 in either case.^^® If an animal ferce natures be alleged as dead, 

 but the proof shows it to have been alive when taken, the vari- 

 ance is fatal : there is no larceny.^^* 



A statute making it larceny to steal a doinestic animal 



'"■ State V. McLain, 2 Brev. (S. C.) 443- 



See Shubrick v. State, 2 S. C. 21, where it was held that under an in- 

 dictment for shooting a hog, evidence may be given of shooting a sow. 



■°* State V. Godet, 7 Ired. L. (N. C.) 210. 



"' Reg. V. Strange, i Cox C. C. 58. 



''°Rex V. Edwards, Russ. & Ry. C. C. 497; Com. v. Beaman, 8 Gray 

 (Mass.) 497. See State v. Jenkins, 6 Jones L. (N. C.) 19. 



"' Com. V. Beaman, supra. ^^ Rex v. Puckering, 7 M. C. C. 242. 



""Reg. V. Roe, 11 Cox C. C. SS4- 



